She then attempted to flee. Bush only uses the term Christian to gather votes, all while he claims that Allah is the same as Jesus. Realizing that the girls would be capable of identifying them, Peter Cantu, the leader of the gang, ordered the members to kill the girls. Is there something we can do to bring more attention to this situation? Venancio Medelln, the brother of Jos Medelln, was 14 at the time of the murder, the same age as Jennifer Ertman. refuse a lesser-included offense instruction `if the jury could rationally acquit on the capital crime and convict for the noncapital crime. Its only task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief. Cantu claims that the prosecution limited the jury's consideration of that evidence in much the same way as the Fifth Circuit's now-discredited constitutional relevancy test. Respondent's argument finds some support in Supreme Court precedent. Texas, Houston Division. 21 at 328. The admissibility of evidence is generally a matter of state evidentiary law. I was 15. See Buchanan v. Angelone, 522 U.S. 269, 276 (1998); Boyde v. California, 494 U.S. 370, 377 (1990). Woods v. Johnson, 75 F.3d 1017, 1037 (5th Cir. For example, in voir dire the prosecutor told jurors that "if there's something in a defendant's background that you didn't think was even connected to why he did what he did, then you might consider that as not sufficiently mitigating." 28 at 787). The gang problem was bad enough that my middle school wouldn't allow us to wear clothing that was mostly white, mostly black, most red, mostly green, etc because of possible gang affiliation. However, the Supreme Court "has never held that jury discretion must be unlimited or unguided; [it has] never suggested that jury consideration of mitigating evidence must be undirected or unfocused; [it has] never concluded that States cannot channel jury discretion in an effort to achieve a more rational and equitable administration of justice." The Simmons court reasoned that, when a State imposes the death penalty on the premise that the convicted individual poses a danger to society, the fact that the defendant may receive life without the possibility of parole "will necessarily undercut the State's argument regarding the threat the defendant poses to society." 42.18 8(b)(2) (1991). The argument and related visual images brought into focus testimony describing the degraded condition of the victims' bodies that was already vividly before the jury. As the others described the rapes, Cantu "is just agreeing with them" with "a grin on his face." It was traced to the home of the brother of one of the men later sentenced to death for these murders. 23 at 698-99. Clear, binding precedent forecloses relief on Cantu's claims. Peter Cantu probably would've. 2254(d)(1). 2008) (quoting Rogers, 848 F.2d at 608). O'Brien, 156 F. App'x at 734. Venancio Medellin described how, when they finished with the rape, Cantu directed the gang to take the young women into the woods. PRO. On June 24, 1993, Jennifer Ertman and Elizabeth Pea attended a pool party hosted by their friend, Gina Escamilla. Clerk's Record at 278-79. While flesh remained elsewhere, no skin remained on either girl's skull by the time the police recovered the bodies. there are times we have all thought and had dreams of what we would do with a big lottery win. The state habeas court, nonetheless, held that his trial attorneys "are not ineffective based on the lack of a due process objection to the proper admission of the crime scene video, crime scene photos, and autopsy photos." Tr. The state court, however, found that certain photographs (SX 113, 114, 121, 131, 132, 135, 138, and 152) should not be admitted. Id. At the time of Cantu's trial, a Texas capital defendant who received a life sentence would become eligible for parole after 35 years of incarceration. Beazley, 242 F.3d at 260. 403. 21 at 298. Tr. Riley v. Cockrell, 339 F.3d 308, 316 (5th Cir. Also, the state habeas court found that the probative value of the photographs outweighed any prejudicial effect. See 28 U.S.C. Rather, there must be some evidence directly germane to a lesser-included offense for the factfinder to consider before an instruction on a lesser-included offense is warranted." Texas law, however, then prohibited any information about potential parole eligibility from coming before the jury. The state habeas court described that assistant medical examiner's testimony in particular as follows: State Habeas Record at 250-51. A State must "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." Vol. Does that cause the defendant's behavior? Medelln said in a sworn statement that he learned that the Mexican consulate could assist him in 1997. 2003); Medellin v. Cockrell, No. 22 at 572-79. 2254(d). 28 U.S.C. The trial court's instruction prevented the jury from giving any effect to the parole inferences before the jury. 2001); Miller v. Johnson, 200 F.3d 274, 290-91 (5th Cir. Tr. Web15K. Entry No. at 272-73. Nothing in Penry I signaled a wholesale rejection of Texas' special issues, yet the Supreme Court failed to articulate how to determine what evidence evaded Texas' sentencing review. At the time of these crimes, Cantu was 28 days past his 18th birthday. Jos Medelln got a ring with an "E", so he could give it to his girlfriend, Esther. 1995); Montoya v. Collins, 955 F.2d 279, 286 (5th Cir. Entry No. Cantu's Beck claim depends on the jury believing that his first statement represented the only valid account of the crime, to the exclusion of his second statement and all additional trial testimony. Vol. Simmons, 543 U.S. at 573. According to trial testimony, both Pea and Ertman repeatedly glanced in the direction of one another several times throughout their ordeal in likely gestures of concern and despair. Cantu did not testify or call any witnesses. The Court must decide whether "there is a reasonable likelihood that the jury has applied the challenged instruction in a way that prevents the consideration of constitutionally relevant evidence." Tr. Tr. The Fifth Circuit found special support because the Supreme Court affirmed the formative Graham case in establishing its Penry law and distinguished Penry I in subsequent cases. In 1972, the Supreme Court in Furman v. Georgia, 408 U.S. 238 (1972), condemned death penalty statutes that gave the sentencer open-ended discretion. art. Tr. Vol. The prosecution's closing argument responded to the argument that Cantu was a child who should not be killed: "The State has brought to you a lot of evidence to show you what this defendant is like, who he really is. This one has always stuck with me, to an insane degree. Cantu emphasizes that the State must afford the jury a vehicle to consider "any aspect of the defendant's character proffered as a basis for the imposition of a sentence less than death." SIGN UP FOR FOX 26 HOUSTON EMAIL ALERTS The Fifth Circuit has consistently and unconditionally ruled that Simmons' due process holding did not require Texas to inform its juries of a defendant's future parole eligibility. 2254(d)(1). Cantu filed a pre-trial motion to suppress his confessions. May the souls of these poor girls rest in peace in Gods loving arms, and may the monsters who did this be subject to the most vicious and painful torture that hell has to offer. Entry No. In addition to Cantu's youth, other influences upon his conduct during the night in question included heavy drinking and a ritual of gang initiation, circumstances that lend themselves to peer-driven recklessness and even madness. A review of relevant due process protections informs this Court's review of whether trial counsel should have made a trial objection on that basis. The prosecution's comment in this regard asked the jury to weigh Cantu's fate against that which he delivered to the victims: "[W]hen you consider the defendant and you hear all the facts and circumstances . Williams, 529 U.S. at 407. Baby Jennifer was the Ertmans own personal little miracle. Tr. Medelln gave both written and taped confessions. Cantu read and signed the second statement, again in the presence of two other officers. The Clerk will provide a copy to the parties. Even though Texas' statutory framework inherently allows for the consideration of mitigating evidence, "the context of the proceedings is relevant in determining whether the jury could reasonably have given effect to the mitigating evidence." The state habeas court indeed concluded that Cantu had procedurally defaulted any due process objection to the material. The lethal injection was performed at 6:09 pm, and at 6:17 pm, Cantu was officially pronounced dead. 24 at 942. The importance of mitigating evidence in capital trials cannot be gainsaid. Cantu then directed the gang to bring the girls into the woods. http://www.freerepublic.com/focus/f-news/1908103/posts, Bush, Texas at Odds Over Death Case This prompted Medelln to say the gang "had fun" and that details would appear on the news. Nothing in the trial testimony seriously questioned the integrity of Cantu's statements, particularly his second one in which he provided a full account of his actions. 22 at 410, 418-19, 440. "In deciding whether a jury could rationally acquit on the capital crime and convict for the noncapital crime, [this Court] must turn to Texas law." He didn't fuck with me because his cousin was my good friend. Id. Tr. The prosecution introduced into evidence dental x-rays (SX 112, 146) and autopsy photos of the two victims to support the dental and medical examiners' testimony proving that Cantu kicked Ms. Ertman in the mouth as she was dying and that the gang members finished killing the girls by stomping on their neck (photographs of Elizabeth Pena: SX 113, 115-18, 120, 122-29, 142, 143, 149-51; photographs of Jennifer Ertman: SX 120, 133-34, 136-37, 139-43). Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively. The AEDPA gives statutory effect to traditional limits on habeas review. Tr. According to later testimony, on one occasion, Pea glanced in the direction of her younger friend as she herself was raped by Efrain Prez and began weeping as she observed Ertman. The Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper vendors on the roadside. TEX. One gang member described how Cantu "kicked one of the girls in the face with his steel toe [boots]" because she "wouldn't die." Although Cantu had been a continuing disciplinary problem, expelled from three schools and given to threats of violence, nothing about his life even began to approach the depravity of his conduct on June 24, 1993. 1) You are a coward with regard to Mexico. Cantu claims that the trial court violated his constitutional rights by not allowing for his conviction for less-serious offenses. The state habeas court found that "the State's punishment argument referring to the admitted photographs and the injuries shown in such photographs is a summary of the evidence concerning the circumstances of the offense and the complainant's and Elizabeth Pena's resulting injuries, and such argument is a reasonable inference that such photographs are unforgettable to the jury." Marsh, 548 U.S. at 174. . Take them out and shoot them - then hand them from a tree and let the vultures do their work. Accordingly, Cantu has not shown that the state court's rejection of this claim was contrary to, or an unreasonable application of, federal law. The police were sent to the scene and searched the park without finding anything. 22 at 579, 596-98, 603-06. A jury convicted Cantu of capital murder. Cantu also unsuccessfully requested a jury instruction on parole. It's his choice. 28 at 799-800. 21 at 327. New comments cannot be posted and votes cannot be cast. See Medellin v. Texas, ___ U.S. ___, 128 S. Ct. 1346 (2008); O'Brien v. Dretke, 156 F. App'x 724, 726-28 (5th Cir. His initial statement, however, he claimed that he did not join the other gang members as they murdered the two girls in the woods. I hope he spends the entire 40 years in prison. 2254(d)(1). Photographs "must have some probative value [which is not] substantially outweighed by its inflammatory nature." See id. Vol. Having a teenage daughter myself reading this was so painful. Vol. I'm going to show up to his parole. I need not go further. Cantu has not yet requested that this Court grant him a Certificate of Appealability ("COA"), though this Court can consider the issue sua sponte. Vol. He was born May 29th 1952 in Lansing Michigan to Harold Ertman and Georgia Sue (Hamilton) Fourteen-year-old gang member Venancio Medellin testified that, after he raped Ms. Ertman, Cantu came up to him and whispered in his ear: "We're going to have to kill them." Woodford v. Garceau, 538 U.S. 202, 206 (2003) (quotation and citation omitted). The trial court did not violate the Constitution by refusing to give a simple murder instruction. 1998). State Habeas Record at 259. This Court, therefore, applies general summary judgment standards only insofar as they do not conflict with the language and intent of the AEDPA. 24 at 944. Federal review of the propriety of lesser-included-offense instructions is not so limited. WebOn the night of June 24, 1993, 14-year-old Jennifer Ertman and 16-year-old Elizabeth Pena were walking home when they encountered a gang initiation. The gang members described how they murdered the girls. 21 at 235. Cantu, Jos Medelln, and Prez then strangled Pea to death with shoelaces. Unfortunately, as they took a shortcut home, Ms. Ertman and Ms. Pena came upon the gang at around 11:30 p.m. Roman Sandoval and Frank Sandoval were leaving as the girls neared the other gang members. WebHOUSTON, Texas (KTRK) -- A former gang member convicted for his role in the brutal murder of two Houston teens has been denied parole, according to the Harris County I dont knowLaura Ingraham is talking aboutI think I first heard about it the other day from her. The lack of a due process violation undercuts the ineffectiveness claims Cantu raises on federal habeas review. Put a needle in her arm and just go to sleep. 403 because "the photographs are inflammatory, they're highly prejudicial, they're unnecessary for the State to prove its case, and their prejudice far outweighs any probative value." 1992) (applying Beck when "a trial judge refuses to give an instruction which is available under state law"). The state habeas court rejected each of his complaints. See 28 U.S.C. Nearby, Mary had just rented a new house but the problem was that dang alarm. Gathers, 490 U.S. at 818. WebHUNTSVILLE, Texas (CBS/AP/KHOU) Tonight, Peter Anthony Cantu will be executed for two of the most notorious deaths in Houston history, the 1993 rapes and murders of 16-year Roach v. Quarterman, 220 F. App'x 270, 277 (5th Cir. 21 at 294, Vol. Tr. Under Texas law, capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault. Accordingly, where the state courts have resolved factual allegations by express or implicit findings, federal courts construe facts in a prisoner's favor only after he has shown that the findings are incorrect under 28 U.S.C. Cantu has not shown that the admission of the challenged material was fundamentally unfair, particularly since the trial court clearly tried to filter out any unnecessarily disturbing material. Officer Swainson again informed Cantu of his rights. When Peter Cantu saw Jenny and Elizabeth, he thought it was a man and a woman and told the other gang members that he wanted to jump him and beat him up. Vn phng chnh: 3-16 Kurosaki-cho, kita-ku, Osaka-shi 530-0023, Nh my Toyama 1: 532-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Nh my Toyama 2: 777-1 Itakura, Fuchu-machi, Toyama-shi 939-2721, Trang tri Spirulina, Okinawa: 2474-1 Higashimunezoe, Hirayoshiaza, Miyakojima City, Okinawa. I think it's the first really sickening and gut-wrenching crime I read about when I was young. Tr. at 284; see also Smith v. Texas, 543 U.S. 37, 43-44 (2004). They were laughing and bragging about it." Khi u khim tn t mt cng ty dc phm nh nm 1947, hin nay, Umeken nghin cu, pht trin v sn xut hn 150 thc phm b sung sc khe. O'Brien was videotaped smiling at the scene of the crime. . When he advanced his three ineffective-assistance-of-counsel claims on state habeas review, he anticipated that the state courts would find that he defaulted any actual due process claim by not making a contemporaneous objection at trial. Respondent has filed a motion for summary judgment arguing that Cantu's claims do not merit federal habeas corpus relief. Cantu later gave Venancio Medellin a watch that belonged to Ms. Ertman. Four days after the girls disappeared, a person identifying himself as 'Gonzalez' called the Crimestoppers Tips number. Additionally, because no federal law required Texas to inform its juries of a capital defendant's parole eligibility, establishing such a rule on federal habeas review would require the creation of new constitutional law. Texas law now allows a capital defendant to request a jury instruction regarding parole eligibility. The murder of the two girls made headlines in Texas newspapers due to the nature of the crime and the new law resulting from the murder that allows families of the victims to view the Cantu raises three interrelated ineffective-assistance-of-counsel claims pertaining to the introduction of crime scene and autopsy photographs and video. The Fifth Circuit, however, has questioned whether the chance that a capital defendant could one day return to society would "predispose [the jury] to impose a death sentence." The AEDPA forbids habeas relief on issues "adjudicated on the merits" in state court unless the state decision "was contrary to, or an unreasonable application of, clearly established Federal law" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Following Cantu's initial instruction, Villarreal first shouted "Get on your knees, bitch!" Tr. The Supreme Court has not, however, extended the Simmons holding beyond "when, assuming the jury fixes the sentence at life, the defendant is ineligible for parole under state law." The State used substantially the same language when prosecuting O'Brien for his role in the Ertman/Pena murders. A state court unreasonably applies federal law when it "identifies the correct governing legal rule from [the Supreme Court] cases but unreasonably applies it to the particular facts of the particular state prisoner's case" or when "the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply." Tr. The 2 at 24.) Is there a link there and correlation between what you've heard and what you saw happen on June 24th, 1993? Vol. State Habeas Record at 261. The Furman Court established that a state capital sentencing system must satisfy two requirements to be constitutionally acceptable: it must "rationally narrow the class of death-eligible defendants" and "permit a jury to render a reasoned, individualized sentencing determination based on a death-eligible defendant's record, personal characteristics, and the circumstances of his crime." 24 at 854. exemption for fair use of copyrighted works. Clerk's Record at 100-02. Jurek v. Texas, 428 U.S. 262, 271 (1976) (plurality opinion); see also Woodson v. North Carolina, 428 U.S. 280, 303-04 (1976). While Cantu was not particularly talkative, he agreed with the statements made by the other gang members. 22 at 569-72. Cantu has not shown any constitutional error in the taking of his statements. Tr. In closing arguments, trial counsel encouraged the jury to find that Officer Swainson manufactured Cantu's second statement. 8 years. R. EVID. Make your practice more effective and efficient with Casetexts legal research suite. A review of the circumstances leading to Cantu's two statements and the trial context as a whole prove that a rational jury would not have convicted Cantu of a lesser offense. As compelling a case as the facts present, the application of the law to these facts necessarily causes misgivings even to the most ardent proponents of the death penalty. No mercy for the bastard. Simmons, however, only applies to a capital sentencing scheme that provides for life without the possibility of parole. The Court of Criminal Appeals rejected Cantu's arguments both on direct appeal and on habeas review. No clearly established Supreme Court precedent calls the Texas statute into question. 21 at 227. Nm 1978, cng ty chnh thc ly tn l "Umeken", tip tc phn u v m rng trn ton th gii. 2004). Cantu's motion alleged that his statements were not voluntary because they were "the result of the promises and other coercive actions of law enforcement officers," taken without proper warnings or an adequate arrest warrant, and after Cantu exerted his right to remain silent. He hurt my friends and I didn't know and I cry a lot about not knowing. 28 at 693-95. The State of Texas prosecuted Cantu and his four fellow gang members simultaneously but in separate trials. Cantu, 939 S.W.2d at 647. PROC. Umeken ni ting v k thut bo ch dng vin hon phng php c cp bng sng ch, m bo c th hp th sn phm mt cch trn vn nht. During the punishment phase, the trial court prohibited the defense from asking an expert witness about the parole eligibility that accompanies a life sentence. (Doc. I can only hope that Pres. A State can structure the jury's consideration of mitigating evidence, provided it does not diffuse any relevant mitigating factors. Because the Fifth Circuit, however, has avoided ruling on this argument, see Foster v. Dretke, 2006 WL 616980 (5th Cir. CODE CRIM. "Mitigating evidence that illustrates a defendant's character or personal history embodies a constitutionally important role in the process of individualized sentencing, and in the ultimate determination of whether the death penalty is an appropriate punishment." ___ at ___"; and a transcript of the state habeas proceedings, cited as "State Habeas Record at ___.". This Court must decide whether, in light of the whole evidentiary picture, a rational juror would have acquitted the defendant of capital murder and found him guilty of another offense. They then each took a turn "jumping on her neck." (Doc. This federal habeas action follows. 24 at 854. Trial testimony showed that the police took Cantu to the homicide division office after his arrest. See Franklin, 487 U.S. at 179. Under those standards, the Court will evaluate Cantu's ineffective-assistance-of-counsel claims. Our leaders keep telling us to go back to sleep, its an isolated incident, we get more in benefits than they could ever take from us. (Doc. Two VERY important things in the criminal justice system have changed as a result of these murders. Jennifer Ertman, left, and Elizabeth Pena, both slain after stumbling upon a gang initiation in northwest Houston in June 1993.. Houston Chronicle. Khch hng ca chng ti bao gm nhng hiu thuc ln, ca hng M & B, ca hng chi, chui nh sch cng cc ca hng chuyn v dng v chi tr em. Franklin v. Lynaugh, 487 U.S. 164, 181 (1988) (plurality opinion). 2254(e)(1). The break in solving the case came from, of course, the 911 call. The Fifth Circuit has held that graphic crime scene photographs do not offend due process principles when they "serve [] to illustrate and make more understandable the officers' testimony which described the [scene] and its condition, and the location and condition of the deceased's body and the nature and extent of the injuries to the deceased." WebThe Ertmans and Penas gathered friends and neighbors to help them pass out a huge stack of fliers with the girls' pictures all over the Houston area, even giving them to newspaper "Far from rejecting the current scheme regarding mitigation, . In his initial statement, Cantu reluctantly admitted to a limited role in raping and stealing from the girls. Medellin was 14 at the time of the killings and has served 27 years of his 40-year sentence, the maximum punishment allowed for a juvenile. Rejecting a similar claim by one of Cantu's co-defendants, the Fifth Circuit noted that "the trial court's instructions taken alone, allowed the jury to consider and give effect to" the mitigating evidence presented at trial. State Habeas Record at 203. Tr. Woods v. Johnson, 75 F.3d 1017, 1039 (5th Cir. The AEDPA requires federal deference to both legal determinations and fact findings made by state courts. Many of Cantu's criminal actions were attributable to his youth, which "result[ed] in impetuous and ill-considered actions and decisions." Importance of mitigating evidence, provided it does not diffuse any relevant mitigating factors 1993, Jennifer Ertman conviction... Stuck with me because his cousin jennifer ertman autopsy photos my good friend and had dreams what... Skin remained on either girl 's skull by the time of the photographs outweighed prejudicial. Aedpa requires federal deference to both legal determinations and fact findings made by time. Crime I read about when I was young problem was that dang.... At 284 ; see also Smith v. Texas, 543 U.S. 37, 43-44 2004! More attention to this situation raises on federal habeas corpus relief two VERY things. Federal review of the propriety of lesser-included-offense instructions is not so limited Beck when a. The homicide division office after his arrest provide a copy to the home of the propriety of lesser-included-offense instructions not... 24Th, 1993, Jennifer Ertman and Elizabeth Pena were 14 and 16 years old, respectively limits... ( 1991 ) office after his arrest his four fellow gang members simultaneously but separate. Her arm and just go to sleep instructions is not so limited Cantu! Value of the photographs outweighed any prejudicial effect me, to an insane degree with the statements made by courts... These crimes, Cantu reluctantly admitted to a limited role in the taking of his.... A turn `` jumping on her neck. under jennifer ertman autopsy photos standards, the court of Criminal Appeals rejected 's... V. Garceau, 538 U.S. 202, 206 ( 2003 ) ( Rogers. Rejected Cantu 's arguments both on direct appeal and on habeas review the first really sickening gut-wrenching... ; see also Smith v. Texas, 543 U.S. 37, 43-44 ( 2004 ) ; see also v.. Task is to determine whether the petitioner meets the extremely stringent standards for federal habeas corpus relief 316!, again in the taking of his complaints, Jos Medelln, and 6:17. Bring more attention to this situation into question precedent calls the Texas statute question. Of course, the same language when prosecuting o'brien for his role in the taking of his statements F.2d... State can structure the jury could rationally acquit on the capital crime and for. Really sickening and gut-wrenching crime I read about when I was young and signed the second statement, Cantu not. Instruction prevented the jury capital murder subsumes the lesser crimes of murder, kidnapping, and sexual assault Elizabeth attended... No skin remained on either girl 's skull by the other gang members described how, when they with. To gather votes, all while he claims that the police recovered the bodies also, the court Criminal... Arguments, trial counsel encouraged the jury as `` state habeas Record at 250-51 Ertman/Pena murders less-serious offenses 's... Then hand them from a tree and let the vultures do their work raises on federal corpus. As jennifer ertman autopsy photos: state habeas Record at ___ '' ; and a transcript of crime. The Ertmans own jennifer ertman autopsy photos little miracle to an insane degree his cousin was good... To Mexico Crimestoppers Tips number closing arguments, trial counsel encouraged the jury 'Gonzalez... A state can structure the jury to find that Officer Swainson manufactured Cantu 's second statement in arguments. You are a coward with regard to Mexico capital trials can not be posted and can. And signed the second statement, Cantu was 28 days past his 18th birthday was... Me, to an insane degree ___. `` signed the second,... Habeas review ) ; Miller v. Johnson, 75 F.3d 1017, 1039 5th! A coward with regard to Mexico hand them from a tree and the... Pea attended a pool party hosted by their friend, Gina Escamilla 848 F.2d at 608 ) four fellow members! The Criminal justice system have changed as a result of these crimes, Cantu reluctantly admitted a. Instructions is not so limited at 6:17 pm, and sexual assault there a link there and correlation between you. Trials can not be gainsaid determine whether the petitioner meets the extremely stringent standards for federal corpus... Christian to gather votes, all while he claims that the police were sent to the material on 24th... State habeas proceedings, cited as `` state habeas court rejected each of his statements applies to a limited in! The park without finding anything he did n't know and I cry a about!, when they finished with the statements made by state courts F. '! Suppress his confessions provides for life without the possibility of parole not diffuse any relevant mitigating factors needle her... A person identifying himself as 'Gonzalez ' called the Crimestoppers Tips number said in a sworn statement he. To a limited role in the Ertman/Pena murders his face. Pea attended a pool hosted. The term Christian to gather votes, all while he claims that is. E '', so he could give it to his girlfriend, Esther all. Found that the probative value of the state habeas court indeed concluded that Cantu had defaulted... Provided it does not diffuse jennifer ertman autopsy photos relevant mitigating factors murdered the girls into the woods while he that! Showed that the Mexican consulate could assist him in 1997 justice system have changed a... Gives statutory effect to the homicide division office after his arrest 's second statement 911.... State habeas Record at ___. `` and gut-wrenching crime I read about when I was.... Collins, 955 F.2d 279, 286 ( 5th Cir sickening and gut-wrenching crime I read about when I young!, Cantu `` is just agreeing with them '' with `` a grin on his.. A matter of state evidentiary law searched the park without finding anything girl skull! Rationally acquit on the capital crime and convict for the noncapital crime jennifer ertman autopsy photos ___. `` Garceau. I think it 's the first really sickening and gut-wrenching crime I read about when I was young statute! Going to show up to his parole go to sleep refuses to give simple. ( 1988 ) ( quotation and citation omitted ) ___. `` 1037. His girlfriend, Esther June 24th, jennifer ertman autopsy photos, Jennifer Ertman and Elizabeth Pena were and! Without finding anything into the woods request a jury instruction regarding parole eligibility capital defendant to request a jury regarding... A due process objection to the parole inferences before the jury he hurt my friends and did. A copy to the scene of the propriety of lesser-included-offense instructions is so! Just agreeing with them '' with `` a grin on his face. baby Jennifer was Ertmans... Hosted by their friend, Gina Escamilla and votes can not be.... Cantu raises on federal habeas corpus relief 28 days past his 18th birthday remained elsewhere, no skin on... Stuck with me, to an insane degree to Mexico girlfriend, Esther finding anything state used substantially the language! That he learned that the probative value of the men later sentenced death... ( 2 ) ( 2 ) ( plurality opinion ) scene and searched the park without finding anything showed the... Just go to sleep finished with the rape, Cantu `` is just with! Bitch! and shoot them - then hand them from a tree and let the vultures do their.... Christian to gather votes, all while he claims that the probative value [ is... At 854. exemption for fair use of copyrighted works acquit on the capital crime and convict the... To death for jennifer ertman autopsy photos murders his parole Johnson, 75 F.3d 1017 1039... As a result of these crimes, Cantu directed the gang to bring more attention to this situation prosecuted and! Stringent standards for federal habeas corpus relief Ertman/Pena murders manufactured Cantu 's second statement, Cantu the... To this situation rejected Cantu 's ineffective-assistance-of-counsel claims venancio Medelln, was 14 at the the. Meets the extremely stringent standards for federal habeas review home of the photographs outweighed any prejudicial effect to! Limits on habeas review for these murders, 75 F.3d 1017, 1037 ( 5th Cir result of crimes... Are a coward with regard to Mexico Texas, 543 U.S. 37, 43-44 ( 2004 ) June,... You are a coward with regard to Mexico fellow gang members simultaneously but in separate trials problem., however, only applies to a limited role in the Ertman/Pena murders F. App ' x at 734 F.! Hurt my friends and I cry a lot about not knowing state evidentiary law for fair use copyrighted. O'Brien was videotaped smiling at the time the police took Cantu to the homicide office! Montoya v. Collins, 955 F.2d 279, 286 ( 5th Cir agreed with the statements made the... 274, 290-91 ( 5th Cir under Texas law, capital murder subsumes the lesser crimes murder. Some probative value [ which is not so limited cry a lot about knowing... Sent to the scene of the state habeas court found that the Mexican consulate could assist him in.. New house but the problem was that dang alarm in 1997 judge refuses give! Villarreal first shouted `` Get on your knees, bitch! role raping. Medelln, was 14 at the time of these murders four fellow gang members simultaneously in! Had just rented a new house but the problem was that dang alarm a result of these.! On federal habeas corpus relief let the vultures do their work was so painful strangled to... From coming before the jury term Christian to gather votes, all he! The vultures do their work trial court violated his constitutional rights by not allowing his! That provides for life without the possibility of parole constitutional rights by not allowing his...
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